0320080070
07-17-2008
Warren Drewrey, Petitioner, v. Condoleezza Rice, Secretary, Department of State, Agency.
Warren Drewrey,
Petitioner,
v.
Condoleezza Rice,
Secretary,
Department of State,
Agency.
Petition No. 0320080070
MSPB No. DC0752080129I1
DECISION
On May 22, 2008, petitioner filed a timely petition with the Equal
Employment Opportunity Commission asking for review of a Final Order
issued by the Merit Systems Protection Board (MSPB) concerning his claim
of discrimination in violation of Title VII of the Civil Rights Act of
1964 (Title VII), as amended, 42 U.S.C. � 2000e et seq.
Petitioner alleged that he was discriminated against on the bases of race
(Black) and reprisal for prior protected EEO activity under Title VII of
the Civil Rights Act of 1964, as amended, 42 U.S.C. � 2000e et seq. when
he was suspended for sixty days. The record indicates that the petitioner
was suspended for engaging in insolent and threatening behavior towards
his supervisor including a discussion in which complainant refused to
accept duties assigned by his supervisor and threatening statements from
petitioner to his supervisor when he was asked to relocate to a different
office in the agency. The record also indicates that complainant stormed
out of a meeting with his supervisor regarding his performance.
A hearing was held and thereafter an MSPB Administrative Judge (AJ)
issued an initial decision finding no discrimination. The AJ upheld the
charges against the petitioner and found the penalty of suspension for
sixty days, which was mitigated from a proposal to remove petitioner,
was reasonable. Petitioner then filed the instant petition raising many
of the same arguments he raised before the Board.
EEOC Regulations provide that the Commission has jurisdiction over
mixed case appeals on which the MSPB has issued a decision that makes
determinations on allegations of discrimination. 29 C.F.R. � 1614.303
et seq. The Commission must determine whether the decision of the
MSPB with respect to the allegation of discrimination constitutes a
correct interpretation of any applicable law, rule, regulation or policy
directive, and is supported by the evidence in the record as a whole.
29 C.F.R. � 1614.305(c).
Based upon a thorough review of the record, it is the decision of
the Commission to concur with the final decision of the MSPB finding
no discrimination. The Commission finds that the MSPB's decision
constitutes a correct interpretation of the laws, rules, regulations,
and policies governing this matter and is supported by the evidence in
the record as a whole.
PETITIONER'S RIGHT TO FILE A CIVIL ACTION (W0408)
This decision of the Commission is final, and there is no further right of
administrative appeal from the Commission's decision. You have the right
to file a civil action in an appropriate United States District Court,
based on the decision of the Merit Systems Protection Board, within
thirty (30) calendar days of the date that you receive this decision.
If you file a civil action, you must name as the defendant in the
complaint the person who is the official agency head or department head,
identifying that person by his or her full name and official title.
Failure to do so may result in the dismissal of your case in court.
"Agency" or "department" means the national organization, and not the
local office, facility or department in which you work.
RIGHT TO REQUEST COUNSEL (Z0408)
If you decide to file a civil action, and if you do not have or cannot
afford the services of an attorney, you may request that the Court appoint
an attorney to represent you and that the Court permit you to file the
action without payment of fees, costs, or other security. See Title VII
of the Civil Rights Act of 1964, as amended, 42 U.S.C. � 2000e et seq.;
the Rehabilitation Act of 1973, as amended, 29 U.S.C. �� 791, 794(c).
The grant or denial of the request is within the sole discretion of
the Court. Filing a request for an attorney does not extend your time
in which to file a civil action. Both the request and the civil action
must be filed within the time limits as stated in the paragraph above
("Right to File A Civil Action").
FOR THE COMMISSION:
______________________________
Carlton M. Hadden, Director
Office of Federal Operations
July 17, 2008
__________________
Date
2
0320080070
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P. O. Box 19848
Washington, D.C. 20036
2
0320080070